Sexual Violence Policy

Saint Xavier University is committed to a community that respects the dignity and worth of each person. In accordance with the University’s Catholic, Mercy values and its role as an educational institution, Saint Xavier is committed to eliminating sexual violence in all its forms and will take appropriate remedial action against any individual found responsible for acts in violation of this policy. Saint Xavier University provides reporting options, an investigative and disciplinary process, and resources for support.

The University, in consultation with the complainant, will pursue strong disciplinary action against students found to be in violation of University policy as outlined in the Student Handbook. Non-student members of the Saint Xavier community who have engaged in behavior that violates the sexual violence policy are subject to discipline under the University policies and procedures that apply to them. Acts of sexual violence may also constitute violations of criminal or civil law.

Saint Xavier University has designated John Pelrine, vice president for Student Affairs, as the Title IX coordinator, responsible for oversight of complaints of sexual violence. Room L-208, 773-298-3121, pelrine@sxu.edu.

Eileen Doherty, dean of Students, is a deputy Title IX coordinator, responsible for complaints, investigations and the conduct process related to students. Room L-103, 773-341-5060, edoherty@sxu.edu.

Procedures for Reporting and Responding to Sexual Violence

Saint Xavier encourages the reporting of all incidents of sexual violence. Reports can be made at any time, but complainants are strongly encouraged to make reports promptly in order to best preserve evidence for a potential legal or disciplinary proceeding. Complainants of sexual violence may contact appropriate University personnel for assistance or to report incidents. These include:

Please note that the Counseling Center and the Health Center are designated as confidential reporting personnel. They are not required to inform other personnel at the University of a sexual violence report, unless there is deemed an imminent threat of harm to self or others.

Students may also submit written reports of sexual violence incidents through the Student Affairs Incident Report. (Please note that written reports may not be read until the next business day).

After reporting, the staff member will advise the student of her/his rights and options as a complainant, These include:

Where and how to obtain medical assistance;

Where and how to report incidents of sexual violence to SXU Public Safety, Chicago Police Department or other appropriate law enforcement agency;

Resources for on and off-campus counseling and other support services;

The right to file criminal charges;

The right to a prompt and fair response from University officials;

The right to pursue and participate in a formal disciplinary process at the University;

That, at a sexual violence complainant's request, the University may take action to prevent unwanted contact with the alleged assailant, including but not limited to transfer of the complainant and/or the respondent to alternative classes or to alternative University-owned housing, if such alternatives are available and feasible.

The University reserves the discretion to place a student or staff member on administrative leave or take other temporary measures in order to investigate complaints of sexual violence in an appropriate and timely manner.

Definition Related to Sexual Violence

Battery. A person commits battery if he or she intentionally or knowingly, without legal justification and by any means, causes bodily harm to an individual; or makes physical contact of an insulting or provoking nature.

Sexual Conduct. Any intentional or knowing touching or fondling of the victim by the accused, either directly or through clothing, of the sex organs, anus or breast.

Criminal Sexual Abuse. An individual commits the crime of criminal sexual abuse if he or she commits an act of sexual conduct by the use of force or threat of force; or commits an act of sexual conduct and the accused knew that the victim was unable to understand the nature of the act or was unable to give knowing consent.

Aggravated Criminal Sexual Abuse. An individual commits the crime of aggravated criminal sexual abuse if he or she commits criminal sexual abuse and any of the following aggravating circumstances existed during the commission of the offense:

the accused displayed, threatened to use or used a dangerous weapon or any object fashioned or utilized in such a manner as to lead the victim under the circumstances to reasonably believe it to be a dangerous weapon; or

the accused caused bodily harm to the victim; or

the victim was a physically handicapped person; or

the accused acted in such a manner as to threaten or endanger the life of the victim or another person; or

the accused delivered (by injection, inhalation, ingestion, transfer of possession or any other means) to the victim without his or her consent, or by threat or deception, any controlled substance.

Criminal Sexual Assault. An individual commits criminal sexual assault if he or she:

commits an act of sexual penetration by the use of force or threat of force; or

commits an act of sexual penetration and the accused knew that the victim was unable to understand the nature of the act or was unable to give knowing consent.

Aggravated Criminal Sexual Assault. An individual commits aggravated criminal sexual assault if he or she commits criminal sexual assault and any of the following aggravating circumstances existed during the commission of the offense:

the accused displayed, threatened to use, or used a dangerous weapon, other than a firearm, or any object fashioned or utilized in such a manner as to lead the victim under the circumstances to reasonably believe it to be a dangerous weapon; or

the accused caused bodily harm to the victim; or

the accused acted in such a manner as to threaten or endanger the life of the victim or any other person; or

the victim was a physically handicapped person; or

the accused delivered (by injection, inhalation, ingestion, transfer of possession or any other means) to the victim without his or her consent, or by threat or deception, any controlled substance.

Consent. Consent is informed, freely given and mutually understood. If coercion, intimidation, threats and/or physical force are used, there is no consent. If the complainant is mentally or physically incapacitated or impaired so that the complainant cannot understand the fact, nature or extent of the sexual situation, there is no consent; this includes conditions due to alcohol or drug consumption, or being asleep or unconscious. Silence does not necessarily constitute consent and past consent of sexual activities does not imply ongoing future consent.

Retaliation

Retaliationagainst anyone who makes or corroborates a complaint of sexual violence is strictly prohibited. Actions by a student intended as retaliation, reprisal, or intimidation against an individual for making a complaint or participating in any way in a report or investigation under this policy are prohibited and are subject to appropriate disciplinary action.

False reports

Saint Xavier University takes allegations of sexual violence very seriously and recognizes the consequences such allegations may have on a respondent as well as the complainant. Any individual who knowingly provides false information regarding the filing of a complaint or report of sexual violence or during an investigation of such a complaint or report may be subject to discipline. Complaints of conduct that are not found to violate policy are not assumed to be false.

Written Report to the University

If an individual student decides to file a formal charge, an incident report should be completed online. The University will pursue strong disciplinary action against students found in violation of the sexual violence policy, up to suspension or expulsion from the University.

Investigation

The University will investigate the complaint in accordance with applicable federal and state laws and regulations including those relating to privacy. Investigation of a complaint will include interviews, documentation, and other appropriate means, Even if the complainant does not wish to pursue a formal conduct charge, the University may still have the obligation to conduct an investigation and/or hold a conduct hearing for the student alleged to have violated this policy. The complainant may choose the manner and to what extent he or she will participate in the investigation and/or conduct hearing.

Legal Recourse

A victim of sexual violence has legal recourse outside the University. Certain sexual conduct has serious legal consequences. If civil or criminal suit is filed, the University reserves the right to conduct its own investigation and proceedings regardless of the status or resolution of any civil or criminal litigation.

Medical Attention

It is important to receive medical attention, whether or not you plan to report the crime to police or file a campus complaint. All services for sexual assault victims are provided free of cost at emergency rooms in the State of Illinois. These services include options for an examination, collection of evidence, test for STDs and needed medical care. Any and all of these services may be accepted or refused by the victim. Christ Hospital and Little Company of Mary Hospital are both close to campus. The contact information and locations are listed below.

A victim may choose to have a medical examination at the Saint Xavier University Health Center if a police report is not filed. This exam would not collect evidence, but would examine the victim for any health risks or injuries that may have been encountered during the sexual assault.

The following off-campus victim support services are available to assist the victim: